ASSEMBLY, REPUBLICAN AND ECOLOGENIC CONSTITUTION
(EXAMPLE OF WORLD APPLICATION)
PREAMBLE (must be adapted for the Lesser Assemblies, as each will have its own)
The Nation wishing to establish justice, freedom and security and to promote the good of those who make up it, in use of its sovereignty, proclaims its will to:
Ensure democratic coexistence within the Constitution and laws in accordance with a just economic and social order, definitively abolishing all forms of slavery, especially economic in the material and disinformation in the abstract. Consolidate a rule of law that secures the rule of the People’s Will through the Laws that it dictates.
Constantly instruct citizens in Assembly practice by integrating it into political life as an ethical and moral obligation, as well as an inalienable right of each and every one.
Stimulate the development of individual consciousness as well as the group, national and global, in the reason that the Human Being has as maximum values Love, Dignity, Conscious Loyalty and Freedom as the basic effect and objective of Life.
Protect all citizens and peoples of La Nación in the exercise of human rights, their cultures and traditions, languages and institutions. Promote the progress of culture and the economy to ensure a decent quality of life for all. Establish an advanced democratic society, and collaborate in strengthening peaceful relations and effective cooperation among all peoples of the Earth that renounce any form of slavery.
Consequently, the General Assembly of the Nation, in accordance with the Assemblies of Citizens of the People in its Provinces and Municipalities, approve and ratify the present Assembly, Republican and Ecologenic Constitution.
NATIONAL ASSEMBLY CONSTITUTION
This should be studied by each Environmental group in each Nation, according to its current characteristics and situation. This book only gives the guidelines of the worldview to serve as a guide. Examples may then be apparently contradictory, but only in form, not in the background.
NOTE: If you wish to dispense with reading the entire legal part for now, you can study the legal issue later, which concerns political experts and lawyers more, and reread all of the above to get going immediately. I also recommend reading from page 391.
PRELIMINARY TITLE
ARTICLE 1 – SOVEREIGNTY RESIDES IN THE PEOPLE
1. The Nation is constituted as an Assembly, Ecologenic, Republican and Democratic Sovereign State, which advocates as higher values of its legal system freedom, justice, equality before the Law and the plural and total participation of citizenship in politics, with the exception of citizens who have held political office during the era of the democratic and democratic tyranny. The Mayors and Councillors of Municipalities with less than one hundred thousand inhabitants, who may be promoters, conveners and members of the Minor and Local Assemblies, are exempt from this restriction.
2. National sovereignty lies in the People, from which the powers of the State emanate in both theory and practice.
3. The political form of the State is the Assembly, Republican and Ecologenic.
4. The sense ASAMBLEARIO corresponds to the will of the Peoples to govern themselves, instead of choosing who governs them and decides for them, in the criterion that the leaders do not belong to any ideology, party or faction of division that generates confrontations, but that their maximum concept is that “the common good prevails over one’s own” and the only flags are that of the Ecology and that of the Fatherland. To this end, the Minor (Neighborhood) And Provincial Assemblies are created in order to transmit hierarchically, statistically and democratically the Will of the People to the National Assembly, this being the representative product, of the democratic essence that is PARTICIPATORY. It is called the “Assembly Process” the event that must take place weekly to decide on each action of the State, which begins in the Minor and Local Assemblies, to be transmitted by Delegates to the Provincial Assemblies and from them to the National Assembly. No Law or provision affecting citizenship as a whole is outside that Assembly Process.
5. The ECOLOGENIC sense has as its quality:
a) Respect for Natural Laws and respect for Nature in its material and spiritual aspects as soon as possible without ultra-ecological excesses, The Human Being is part of Nature, not its owner or its slave.
(b) Demographic control through education, without repression or instigation of reproduction, as well as open debate on unresolved issues ethically and scientifically, until they are resolved for reason and approved by absolute majories of all Assemblies of the Nation.
c) The use of non-polluting energy sources.
d) The responsibility and duty of the strongest to protect and help the weakest while respecting their dignity.
(e) Education that makes up free, Worthy, True to their Homeland and Humanity, conscious and healthy. The civic and ethical education of citizens, as well as the development of their conscience and personal vocation, have pre-eminence over any other educational aspect.
f) Absolute rupture with any slave entity or state, whatever its method.
(g) Separation of the State from any religious institution and respect for freedom of worship.
(h) Release, research and improvements on all non-ecological scientific advancement and the fair legal regulation of intellectual law, by assembly decision.
(i) The stimulation of agricultural life and the dignification of work in general, and agricultural life in particular.
(j) The reorganization and distribution of the rural territory, without prejudice to private property where it is occupied by its rightful owners or leased to third parties under conditions under the Law.
(k) The realization of any other idea, invention, discovery or innovation that contributes to the improvement and transcendence of man as a species, without prejudice to the happiness of each and every citizen.
l) The decent treatment of prisoners, but in principle of the defence of victims, as an imperative on the rights of convicts; as well as promoting the courtship of convictions but full enforcement of the sentence, except for the exceptions determined by law,
m) The absolute gratuitousness of medicine, safety, education and justice, and of the highest quality that human science and knowledge achieves.
n) Full reparation for personal and collective injury caused by global moneycracy.
abolition of all forms of usury and financial speculation.
o) The abolition of the “State Secret” except those determined by the Law in the event of war or the Provincial Assemblies in accordance with the National Assembly.
p) The emaNation of laws only through the Assembly Process.
q) The protection of the weakest, sickest and most elderly, facilitating their vocational insertion into society, psychological assistance, as well as the care and encouragement of the moral, physical, mental and spiritual strength of citizenship as a whole.
r) Suppression of sport as a business, but with encouragement of sports practice by the whole People.
6. The REPUBLICAN sense is the very derivative of Greek, from “public thing”, but inextricably linked to the concepts of participation, politics and democracy, leaving the representative aspect as a mere instrument of participatory exercise. It is understood that in the REPUBLIC, the Government is the People the same, who is permanent and sovereign, and the representatives of their faithful temporary employees, even if they may hold life positions, without any power other than the one promptly given to fulfill each of the mandates of the People’s Will.
ARTICLE 2 – UNIT OF THE NATION AND RIGHT
PROVINCIAL AUTONOMY
The Constitution is based on the indissoluble unity of the Nation, the common and indivisible homeland of all citizens united by historical ties and idiosyncrasies, and recognizes the right to autonomy of the Provinces that make up it and solidarity among all of them, under the Assembly system.
ARTICLE 3 – NATIONAL LANGUAGE AND OTHER LANGUAGES
1. Xxxx is the official language of the State. All Citizens of the Nation have a duty to know it and the right to use it.
2. The other languages of the Nation will also be official in the respective provinces in accordance with their Statutes.
3. The richness of the various linguistic modalities of the Nation is a cultural heritage that will be subject to special respect and protection.
ARTICLE 4 – The Flag of the Provinces
1. The flag of the Nation is formed by the national symbols and the cultural ones of its own…
2. The statutes may recognize flags and teachings typical of the Provinces. These will be used alongside the flag of La Nación in their public buildings and in their official events.
ARTICLE 5 – The capital of the state
is determined by the National Assembly by an absolute majority of the Provincial Assemblies.
ARTICLE 6 . UNITY IN DIVERSITY
The Assemblies express real participatory pluralism, without parties or divisions, ensuring that all Citizens can express their judgment and participation in the decisions that are taken. Its creation under this Constitution ensures that only the Citizens’ Assemblies will be able to determine which laws are in line with the true Democracy.
ARTICLE 7 – BUSINESS ASSOCIATIONS
1. Business associations contribute to the defense and promotion of their own economic and social interests. Its creation and the exercise of its activity are free in respect of the Constitution and the Law, therefore to the Assemblies of the Nation, to the Constitution and to the law. Its internal structure and functioning must be democratic. Any existing company prior to this Constitution may retain its resources, properties and number of employees and may not increase any of these factors, nor forging an increase through oligopolies or testaferros.
Any company created after this Constitution, which employs more than five employees, will automatically become under the supervision of the corresponding Local Assembly (municipal). Any company greater than 10 employees will be supervised by the Assembly of the Second Order (Provincial) and those over 20 employees will be under the supervision of the National Assembly.
[Nota: Esto es un ensayo de Constitución y han de sincronizarse varios factores a lo descrito en Econogenia, más adelante]
2. Sole proprietorships, family members with four or fewer members, or with fewer than five employees other than their owners or relatives, shall only be registered for statistical purposes.
3. The Ministry of Science and Technology will contribute to all companies, including one-person companies, to optimize and guarantee the quantity and quality of production.
4. No company shall be sanctioned or taxed of any kind, but the National State and the Provincial or Local state, as the case may be, will assist companies economically and technologically.
5. The National State, the Provincial or Local, as the case may be, has priority over the purchase of all products. Such purchase will be paid at the fair price and immediately. Deferred payment by any state institution is abolished.
6. The price paid by the State for any product or service, as well as the maximum price for generic basic food and clothing products, construction services and materials, mechanics and tools, will be suggested by the Ministry of Economy and approved by the National Assembly, with effect for the entire national level. The difference in costs by geographical remoteness will be amortized by the Treasury of the Nation.
ARTICLE 8 – ARMED FORCES
1. The Armed Forces will be made up of all the citizens, being officers and non-documents who wish to participate vocationally in them and may not train it foreigners under any circumstances. They will be constituted by the Army (Earth), Navy, Aviation or “Air Force” and The State Liaison and Intelligence Force. Their mission is to guarantee the sovereignty and independence of the Nation, to defend its territorial integrity and constitutional order, being formed entirely by citizenship and subject to the Citizen Will through the mandate of the National Assembly and locally to the Provincial Assembly.
2. An organic law shall regulate the foundations of the military organization in accordance with the principles of this Constitution.
3 The President of the National Assembly is the Supreme Chief of the Armed Forces.
4. No armed force shall invade a foreign country and any military relationship with another country shall be to defend its territory in the event of an application, under the provisions of Art. 169.
5. The official cades of the Armed Forces will be permanent instructors, with the own and exclusive functions of their specialty, but the smaller or troop cades, will not be useless. The Assemblies shall determine their functions in the works of the State, protection of resources, support of industry or agro, in the form of labour, technical assistance where necessary and will aim for citizens who serve as soldiers, are in constant learning and intellectual evolution.
ARTICLE 9 – Respect for the Law.
1. This Constitution and the rest of the legal order are subject to the Will of citizens.
Freedom and Equality
2. It is for the Citizens’ Assemblies to promote the conditions for the freedom and equality of the individual and the groups in which it is integrated to be real and effective; remove obstacles that impede or hinder their fullness and facilitate the participation of all citizens in political, economic, cultural and social life. Therefore, the partycracy, the private credit financial system and any monopoly of wealth, power or influence that threatens the dignity of the Citizens and the Sovereignty of the Assemblies are abolished.
LEGAL GUARANTEES
3. The Constitution guarantees the principle of legality, the hierarchy of rules, the publicity of the rules, the non-retroactivity of unfavourable or restrictive sanctions provisions of individual rights, legal certainty, responsibility and the interdiction of the arbitrariness of the public authorities emanating from the Assemblies.
4. They are exempt from the provisions of the previous paragraph, politicians prior to this Constitution, who, although they will not be tried for their ethical, moral and economic crimes, may not assume any public or political office, in protection of the security of the Assembly State.
5. They are exempt from such a restriction, politicians who intervened in the drafting and promulgation of the present Constitution and have provenly collaborated with the formation of the Republican and Assembly State.
TITLE I – FUNDAMENTAL RIGHTS AND DUTIES
ARTICLE 10 – RIGHTS OF THE PERSON
1. The dignity of the person, the inviolable rights that are inherent to him, the free development of personality, respect for the law and the rights of others are the foundation of the political order and social peace.
2. The rules concerning fundamental rights and freedoms recognized by the Constitution shall be interpreted in accordance with the Universal Declaration of Human Rights and international treaties and agreements on the same matters ratified by La Nación.
CHAPTER I – OF NATIONALS AND FOREIGNERS
ARTICLE 11 – Nationality
1. Nationality is acquired, preserved and lost as established by the National Assembly in each case.
2. No citizen or civilian of origin may be deprived of his nationality.
3. The State may enter into treaties of dual nationality only with nations that have an Ecologenic Government or its system is akin and prone to Ecology.
4. Any foreigner with more than ten years in effective, economically active establishment and without criminal or civil debts, may nationalize by swearing allegiance to the Homeland that welcomes him.
5. Those from Ecologenic States may, by means of treaties with them, retain double or triple nationality, although they may only exercise the right of assembly participation in the country of residence.
ARTICLE 12 – MAJORITY OF AGE: 18
Citizens and civilians are over the age of eighteen. Civilians are those who never participate in or wish to do so in the armed defense of the Fatherland,
ARTICLE 13 – RIGHTS OF FOREIGNERS
1. Foreigners shall enjoy the public freedoms guaranteed by this Title in the terms established by the treaties and laws emanating from the National Assembly.
2. Only citizens born in the nation will be able to participate in the National Assembly. Nationalized People may only have a voice, without a vote, access to the Minor and Local Assemblies, without access to the Provincial Assemblies and may not hold any political or public office under any circumstances.
3. Extradition shall be granted only in compliance with a treaty or a law, in accordance with the principle of reciprocity. Political crimes committed in the Nation or another Assembly State are excluded from extradition, with acts of terrorism, sedition against the Eco-gene economic system and those determined by the National Assembly under circumstances.
4. The law shall lay down the terms in which citizens of other countries and stateless persons may enjoy the right of asylum.
CHAPTER II – RIGHTS AND FREEDOMS
ARTICLE 14 – EQUALITY BEFORE THE LAW
The Citizens and Civilians of the Nation are equal before the law, without any discrimination being prevailed on the basis of birth, race, sex, religion, opinion or any other personal or social condition or circumstance, except as provided for in Article 56(3). SECTION 1a and the difference expressed in Article 12
FUNDAMENTAL RIGHTS AND PUBLIC FREEDOMS
ARTICLE 15 – RIGHT TO LIFE
Everyone has the right to life and physical and moral integrity, without in any case being subjected to torture or inhuman or degrading treatment or punishment. The death penalty is abolished, except as provided for by military criminal laws for wartime.
ARTICLE 16 – IDEOLOGICAL AND RELIGIOUS FREEDOM
1. Religious and religious freedom of worship of individuals and communities is guaranteed without further limitation in their manifestations than that necessary for the maintenance of public order protected by law and respect for other religions.
2. No one may be compelled to testify about his religion or beliefs.
3. No confession shall have a state character.
4. Any political ideology that violates the right of self-government of citizens through the Assembly system, which perverts the solidarity and fair distributional economy, that promotes financial usury in any form, or the supervaluation of articles of any nature, is expressly prohibited.
ARTICLE 17 – RIGHT TO PERSONAL FREEDOM
1. Everyone has the right to freedom and security. No one can be deprived of his liberty, but with compliance with the provisions of this Article and in the cases and in the manner provided for in the Law.
2. Pre-trial detention may not last longer than the time strictly necessary to carry out inquiries aimed at clarifying the facts, and in any event, within a maximum period of forty-eight hours, the detainee shall be released or made available to the judicial authority.
3. Any detainee must be informed immediately, and in a way that is understandable, of his rights and the reasons for his detention, and cannot be compelled to testify. The assistance of the detainee in the police and judicial proceedings, in the terms established by the Act, is guaranteed.
4. The Act shall regulate a habeas corpus procedure to produce the immediate making available to the judicial of any person unlawfully detained. The maximum period of duration of the provisional detention shall also be determined by law.
ARTICLE 18 – RIGHT OF PRIVACY. INVIOLABILITY OF THE DOMICILIO
1. The right to honor, personal and family privacy and self-image is guaranteed.
2. The address is inviolable. No entry or registration may be made in it without the consent of the holder or court decision, except in case of flagrant crime.
3. The secrecy of communications and, in particular, of postcards, telegraphs and telephones is guaranteed, unless judicial decision.
4. The National Assembly, by derivation of the Will manifested in the Provincial and Local Assemblies, creates a Law that will limit the use of computer science to guarantee the personal and family honor and privacy of citizens and the full exercise of their rights.
ARTICLE 19- FREEDOM OF RESIDENCE AND MOVEMENT
Citizens have the right to freely choose their residence and to move through the national territory. They also have the right to enter and leave the Nation freely under the terms established by the Act. This right may not be limited, except by court order with a firm cause.
ARTICLE 20 – FREEDOM OF EXPRESSION
1. Rights are recognized and protected:
(a) To freely express and disseminate thoughts, ideas and opinions by word, writing or any other means of reproduction, but political ideas and opinions shall only be expressed with absolute freedom in the Citizens’ Assemblies, and all political action outside the Assemblies shall be prohibited under the warning of the Law.
b) To literary, artistic, scientific and technical production and creation.
c) To the freedom of the chair, with the exception of political issues, which may only be issued in the Assemblies of Citizens.
d) To freely communicate or receive truthful information by any means of dissemination. The Law will regulate the right to the conscience clause, with professional secrecy abolished in the exercise of these freedoms.
2. The exercise of these rights cannot be restricted by any kind of prior censorship.
3. The Law will regulate the organization and control of social media that will all be dependent on the State and will ensure access to such media by social groups and Assemblies while respecting the pluralism of society and the various languages of the Nation.
4. These freedoms have their limit in respect for the rights recognized in this Title, in the precepts of the laws that develop it and, in particular, on the right to honor, privacy, self-image and the protection of youth and children.
5. The abduction of publications, recordings and other means of information may only be agreed upon by judicial decision.
ARTICLE 21 – RIGHT OF ASSEMBLY
1. The right to peaceful and unarmed assembly is recognized. The exercise of this right will not require prior authorization.
2. In cases of meetings in places of public transit and demonstrations that are not of a political type, prior communication shall be given to the relevant Local Assembly, which may prohibit them only where there are well-founded reasons for disruption of public order, with danger to persons or property. Any political demonstration outside the Citizens’ Assembly is prohibited.
ARTICLE 22 – RIGHT OF ASSOCIATION
1. The right of association is recognized for non-political purposes.
2. Associations for political purposes outside the Assembly system, or using means criminalized, are illegal.
3. Associations incorporated under this Article shall be registered for the purposes of publicity and assembly control.
4. Associations may be dissolved or suspended in their activities by reasoned judicial decision.
5. Secret and paramilitary associations are prohibited. Esoteric orders may be incorporated into the service of the Nation as authorized by the Assemblies.
6. Trade associations and undertakings relating to safety, health, justice or education may not be made, things of a strategic nature whose aspects are fully resolved in the Assemblies and cannot be private in nature.
ARTICLE 23 – RIGHT TO PARTICIPATION
1. Citizens have the ethical right and duty to participate in public affairs, directly and through the Assemblies that will determine their own representatives and tables according to the Ecologenic Plan.
2. They also have the right to open access to public functions and positions, with the requirements indicated by the laws and by giving the oppositions and suitability tests that the Assemblies determine.
ARTICLE 24 – JUDICIAL PROTECTION OF RIGHTS
1. All persons have the right to obtain effective protection from judges and courts in the exercise of their legitimate rights and interests, without, in any case, helplessness.
2. In addition, everyone has the right to the ordinary judge predetermined by the Local Assembly, to the defence and the assistance of lawyers, to be informed of the accusation made against them, to a public process without undue delay and with all the guarantees, to use the evidence relevant to their defence, not to testify against themselves, not to confess guilty and to the presumption of innocence. The law shall regulate cases where, by reason of kinship, you will not be obliged to testify of allegedly criminal acts.
In order to fully fulfil the objectives of this Article and in the light of the rights that this Constitution defends, all professional secrets as well as state secrets are abolished. The military secrets of logical reserve must be communicated to the Military Delegates of the Provincial Assemblies, both out of practical and ethical necessity, since all the Citizenship somehow integrates the Military Force of the Nation.
This Constitution ensures that the Military Laws may not be applied to the civil or political sphere, except in a situation of war, in which the Assemblies shall determine by vote or plebiscite of urgency the scope of those laws.
ARTICLE 25 – PRINCIPLE OF CRIMINAL LEGALITY
1. No one may be convicted or punished for actions or omissions that, at the time of the event, do not constitute an offence, misdemeanor or administrative offence, according to the legislation in force at that time.
PAID WORK FOR INMATES
2. The custodial sentences and security measures shall be geared towards re-education and social reintegration and may not consist of forced labour, except in cases of martial law declaration. The sentenced person in prison shall enjoy the fundamental rights of this Chapter, except those expressly limited by the content of the conviction, the meaning of the sentence and the prison law. In any case, you will be entitled to the corresponding benefits of Prison Security, paid work, as well as access to culture and the integral development of your personality, without contacts with the outsider except those determined by the Law.
ARTICLE 26 – OF THE HONOR COURTS
Honorary Courts are prohibited in the field of civil administration but not in professional organizations. The regulations of the Courts of Honor shall be determined by the Provincial Assemblies and endorsed by the National Assembly. Its objective is to improve all professional, industrial and all services, correcting without penalty any action detrimental to citizens or the economy.
ARTICLE 27 – FREEDOM OF TEACHING
1. Everyone has the right to truthful and transcendent education for the individual, free from aberrations of logic, attacks on ethics, the psychology of students, or religious dogmas. Freedom of education is recognized in accordance with the TEOS (Higher Order Educational Treaty) Plan and any other education that is not contradictory to it, once drafted firmly by the full National Assembly. Religious education will not be given or endorsed by the State, but in the homes and centers of worship of each confession.
2. Education will aim at the full development of the human personality with respect for the democratic principles of coexistence and fundamental rights and freedoms.
3. The public authorities emanating from the Assembly guarantee the right that parents have so that their children receive religious and moral training that is in accordance with their own convictions, but this must be carried apart from general secular education, free of charge and compulsory. Parents may form school surveillance commissions, which are not binding but suitable for controlling the healthy treatment of minors.
4. The teaching will propose that whatever religious formation received in the family, the individual develops as a child and at all stages, own criteria free from all dogmatic influence, Love to his Fatherland, humanity together and an ethical sense of respect for the Society, above all particular belief.
5. The Government guarantees the right of all to education, through a general education programme, with effective participation from all sectors and the creation of educational establishments.
6. Local Assemblies are recognized as the freedom to create educational centres, within the General Education Plan and respect for constitutional principles.
7. Teachers, parents and students will be involved in the control and management of the centres and will be supported by public funds, and private education is abolished.
8. The public authorities shall inspect and approve the education system to ensure compliance with the laws, the physical and moral security of students and to avoid ideological subversion in teaching.
ARTICLE 28 – ABOLITION OF TRADE UNIONS
The People, as a Sovereign Authority and through the Citizens’ Assemblies, will monitor private commercial, employment and productive activity, as well as correct remuneration and working conditions. The position of “Workers’ Advocate” is created as a single assistant in each Local Assembly or Minor Assembly where there is it, which may not be an employer or a remunerated man in office. The Assemblies guarantee vocational freedom, decent work, safe working conditions and fair pay, making strike unnecessary. Trade unionists of the abolished partitocratic system may exercise the role of Workers’ Defender, in agreement with the Professional Courts.
ARTICLE 29 – RIGHT OF PETITION
1. All Citizens shall have the right of individual and collective request, in writing, in the manner and with the effects determined by the Law, to be heard in the Citizens’ Assembly.
2. Members of the Armed Forces or Institutes or military bodies may exercise this right of Petition, only individually and in accordance with their specific legislation.
SECTION 2a – RIGHTS AND DUTIES, CITIZENS AND CIVIL
ARTICLE 30 – MILITARY SERVICE AND CONSCIENTIOUS OBJECTION
1. Citizens have the right and duty to defend the Nation. Men and women who fulfil this obligation for the time determined by the Assembly System shall be citizens. Those who abstain from it will be civilians.
2. The National Assembly, in accordance with a plebiscite in Assemblies throughout the Nation, shall fix the military obligations of citizens and regulate, with due guarantees, conscientious objection, as well as the other grounds for exemption from compulsory military service, and may impose, where appropriate, a substitute social benefit.
3. A civil service may be established for the fulfilment of purposes of general interest, but the subject may not be considered a citizen, but a “civil”. The main difference is that civilians cannot appear in the Assemblies. Only those who are willing to give their lives for Freedom and all the interests of their homeland have the right to decide on their destiny.
4. The Assemblies may regulate the duties of citizens in cases of serious risk, catastrophe or public calamity.
5. Physical disability is no obstacle to the fulfillment of military obligations, since every individual has something to contribute to his nation’s Armed Forces. The physically invalid who wish, must serve in a way that their condition allows.
6. Children and young people are considered civilians until they are 18 years old, poor mental or physically deficient who cannot perform any tasks, those who refrain from military service, inmates and foreigners, even if they were in a military position in their country.
7. Permanent resident aliens will only be able to access the consideration as civilians. Citizenship may only be applied for after ten years of unimpeachable residence and through its insertion into the Armed Forces, with destination and time of service determined by the National Assembly.
ARTICLE 31 – TAX SYSTEM
1. All will contribute to the support of public expenditures just by working, or with the material contributions determined by each Assembly when they come from non-productive inherited fortunes.
2 All forms of tax in money are abolished, since this instrument is absolutely in the hands of the State, therefore, of the citizens and the House of the Currency of the Nation and the National Bank are the only financial bodies.
2. Public expenditure will make an equitable allocation of public resources, and its programming and implementation will meet the efficiency and economic criteria determined by the Assemblies under the Economic Plan.
3. Personal or property benefits of a public nature may only be established in accordance with the law.
ARTICLE 32 – MARRIAGE
1. Men and women have the right to marry with full legal equality.
2. The law will regulate the forms of marriage, the age and ability to marry, the rights and duties of spouses, the causes of separation and dissolution and their effects, as well as what in any case results in the least harm and benefit to children.
ARTICLE 33 – RIGHT TO PROPERTY
1. The right to private property and inheritance is recognized, provided that it is obtained on the personal merit of the granter of the inheritance and sustained its assets in accordance with the Laws derived from the Economic Plan or Econogenia.
2. The social function of these rights will delimit their content, in accordance with the laws.
3. No one may be deprived of his property but for a justified cause of public utility or social interest, through the corresponding compensation and in accordance with the provisions of the Assemblies in each case.
ARTICLE 34 – RIGHT OF FOUNDATION
1. The right of foundation is recognized for purposes of general interest, in accordance with the law.
2. The provisions of paragraphs 2 and 4 of Article 22 shall also apply to foundations.
ARTICLE 35 – WORK, RIGHT AND DUTY
1. All Citizens have a duty to work and the right to work, to the free choice of profession or profession, to promotion through work and to sufficient remuneration to meet their needs and those of their family, without in any case discrimination can be made on the basis of sex, race or religion.
2. The National Assembly shall regulate a status of workers, making appropriate changes that allow technology to improve the way people live, without economic prejudice for the replacement of man with machines.
ARTICLE 36 – PROFESSIONAL COLLEGES
The law shall regulate the peculiarities of the legal regime of the Professional Colleges and the exercise of the professions entitled. The internal structure and functioning of the Colleges must be democratic.
ARTICLE 37 – LABOUR AGREEMENTS AND CONFLICTS
1. The Assemblies shall guarantee the right to collective labour negotiation between the State and employers, as well as the binding force of the conventions.
2. The right of workers and employers to take collective conflict measures to be resolved by local or provincial assembly decision, as appropriate, is recognized. The law governing the exercise of this right, without prejudice to any limitations it may establish, shall include the necessary safeguards to ensure the functioning of essential community services.
ARTICLE 38 – FREEDOM OF ENTERPRISE. MARKET ECONOMY
The freedom to do business is recognized within the framework of the National distribution economy as set out in the Econogenia Plan. The public authorities guarantee and protect their exercise and defence of productivity, in accordance with the requirements of the general economy and, where appropriate, the planning that each Provincial Assembly determines, always in accordance with paragraph 6 of Article 22 and the Econogenic Plan.
CHAPTER III
OF THE GUIDING PRINCIPLES OF
SOCIAL AND ECONOMIC POLICY
ARTICLE 39 – PROTECTION OF THE FAMILY AND CHILDREN
1. The public authorities ensure the social, economic and legal protection of the family.
2. The public authorities also ensure the comprehensive protection of children, equal to the law regardless of their affiliation, and of mothers, whatever their marital status. The law will make it possible to investigate paternity.
3. Parents should provide assistance in all order to children in or out of wedlock, during their age minority and in other cases where legally appropriate.
4. Children shall enjoy the protection provided for in the codes determined by the Assemblies, which ensure their rights.
ARTICLE 40 – DISTRIBUTION OF RENT. FULL EMPLOYMENT
1. The Assemblies will promote favourable conditions for social and economic progress and for a more equitable distribution of regional and personal income, within the framework of a policy of economic stability. In a special way, they will pursue a policy geared towards full employment.
Vocational Training. Work Day and Rest
2. In addition, the public authorities shall promote a policy ensuring vocational training and rehabilitation based on vocational orientation; ensure safety and hygiene at work and ensure the necessary rest, by limiting working hours, paid periodic leave and the promotion of adequate centres.
ARTICLE 41 – SOCIAL SECURITY
The Ministry of Health of the Nation will maintain a public Social Security regime for all citizens, which guarantees sufficient social assistance and benefits in the face of need, especially in the event of unemployment. Assistance and complementary benefits will be free, covering the full spectrum of medicine, including all therapeutic forms that prove to be effective and non-harmful.
ARTICLE 42 – MIGRANTS
The State will ensure in particular the safeguarding of the economic and social rights of workers abroad and will steer its policy towards their return.
‘ARTICLE 43 – HEALTH PROTECTION
1. The right to health protection is recognized.
2. It is the responsibility of the Ministry of Health of the Nation to organize and protect public health through preventive measures and the necessary services and services free of the highest quality. The law will establish the rights and duties of all in this regard.
PROMOTING SPORT
3. The Ministry of Culture and Education of the Nation, together with the Provincial Assemblies and Delegations, will promote health education, physical education and sport. They will also facilitate the proper use of leisure.
ARTICLE 44 – ACCESS TO CULTURE AND SCIENTIFIC KNOWLEDGE
1. The National Assembly, through the Secretariat of Science and Technology, together with the Provincial and Local Assemblies, will monitor the correct and free dissemination, distribution and application of scientific knowledge. Any intellectual or exclusive patent rights in inventions and discoveries of public utility are removed.
2. The right to economic remuneration for inventions and discoveries is guaranteed, with the limits set by the Provincial Assemblies. Likewise, the National Secretariat of Science and Technology will determine, according to the National Assembly, how, where and when each technological advance will be implemented.
3. The Joint Commission on Science and Health, under the National Assembly, will own the drug factories alone, therapeutic material of any nature and regulate the use of them and any technology that may be strategically risky to public health. The importation of any foreign medical material or medicinal products is prohibited, except those that cannot be produced in the national territory.
4. All international patent treaties, especially those related to health, are expressly annulled.
5. It is strictly prohibited, under warning of crime against humanity and lesa natura, the import, processing and use of tamgenic manipulation, allowing only the use of the natural genetic selection system for the improvement of plant or animal species.
6. Each Local Assembly holding agricultural land shall be founded by a seed bank, with input from all peasants and scientific assistance from the Secretariat of Science and Technology, which will serve to maintain local seed independence and improve the quality and quantity of production.
7. This Constitution guarantees the recovery of ancestral agricultural techniques, free of dangerous toxics, which together with the use of modern technology and the development of Biodynamic Agriculture, ensure healthy and abundant production in all crops and livestock.
8. The freedom of manufacture, marketing and use of non-polluting energy production devices is guaranteed, after approval by the Ministry of Science and Technology of the Nation, the detailed plans must be included in all appliances, without secrets or intellectual restrictions of any kind. Assemblies and individuals may request the National Bank to finance industrial projects for this purpose.
ARTICLE 45 – ENVIRONMENT. QUALITY OF LIFE
1. Everyone has the right to enjoy a healthy and suitable environment for the development of the person, as well as the duty to preserve it.
2. The public authorities shall ensure the rational use of all natural resources, in order to protect and improve the quality of life and to defend and restore the environment, relying on indispensable collective solidarity.
3. For those who violate the provisions of the previous paragraph, the terms laid down by law shall lay down criminal or, where appropriate, administrative sanctions, as well as the obligation to repair the damage caused.
ARTICLE 46 – ARTISTIC HERITAGE
The public authorities shall ensure the preservation and promote the enrichment of the historical, cultural and artistic heritage of the peoples of La Nación and the assets that make up it, whatever their legal regime and ownership. The criminal law will sanction attacks on this heritage.
ARTICLE 47 – RIGHT TO HOUSING. LAND USE
1. All Citizens have the right to enjoy decent housing. The State creates the necessary conditions and lays down the relevant rules for implementing this right, regulating land use in accordance with the general interest to prevent speculation. The community benefits from a Reordering Plan, aimed at occupying rural land, promoting the usefulness of the field under decent conditions through education and not through repression or prohibition, except for the obligation of actual use and regulations for livestock establishments and industry, which must meet greater demands.
2. The Local Assemblies have on land use in their jurisdiction, pre-eminence over the Provincial Assemblies and counter-measures may only be taken for strategic reasons of national utility, from the National Assembly.
3. Any general and particular permanent tax on urban and rural property is abolished, except for the specific and temporary contributions determined by the Local Assembly for various works, roads, services and infrastructure wishing to carry out individuals with the reluctance of the Assembly, or temporary enterprises set up by the Assembly for those specific purposes.
4. The same principle applies to all works, being national and provincial, carried out in the same way by the corresponding Assemblies.
5. Waste rural or urban land may be confiscated by the Provincial Assembly at the request of the Local Assembly or on its own initiative, to give them adequate utility, after sites to their owners with ninety days to deliver or make them productive. Empty properties not occupied for any particular or social property may also be confiscated by the Assembly for public utility purposes or assigned to citizens without property, with a mortgage which in no case exceeds ten years or 30% of the basic salary.
ARTICLE 48 – YOUTH PARTICIPATION
The Assemblies will promote conditions for the free and effective participation of youth in political, social, economic and cultural development.
ARTICLE 49 – ATTENTION TO THE PHYSICAL DECREASED
The public authorities shall carry out a policy of foresight, treatment, rehabilitation and integration of the physical, sensory and psychic decreased, to which they will provide the specialized attention they require and will protect them especially for the enjoyment of the rights that this Title grants to all citizens and civilians.
ARTICLE 50 – THIRD AGE
The Assemblies shall ensure, through adequate and regularly updated pensions, economic sufficiency to citizens and civilians during the elderly. In addition, and regardless of family obligations, they will promote their well-being through a system of social services that will address their specific health, housing, culture and leisure problems. Likewise, voluntary or paid care is guaranteed, to the elderly, but with adequate requirement of vocational analysis to service providers to old age.
ARTICLE 51 – CONSUMER DEFENSE
The Assemblies and the Ministry of Health of the Nation shall ensure the defence of consumers and users, protecting, through effective procedures, the safety, health and legitimate economic interests of them. The Assemblies and their tables shall promote the information and education of consumers and users, promote their organizations and hear them on matters that may affect them, in the terms established by law.
3. Under the provisions of the preceding paragraphs, the law shall regulate internal trade and the authorisation regime for commercial products.
ARTICLE 52 – PROFESSIONAL ORGANIZATIONS
The law will regulate professional organizations that contribute to the defense of their own economic interests. Its internal structure and functioning must be democratic and in line with the Laws emanating from the Assemblies under the Economic Plan.
CHAPTER IV
GUARANTEES OF FUNDAMENTAL FREEDOMS AND RIGHTS
ARTICLE 53 – TUTELA OF FREEDOMS AND RIGHTS
1. The rights and freedoms recognized in Chapter II of this Title bind all public authorities. Only by law, which in any case must respect its essential content, may the exercise of such rights and freedoms be regulated, in accordance with article 161, 1, a).
AMPARO RESOURCE
2. Any citizen or civil may obtain the protection of the freedoms and rights recognized in Article 14 and Section 1a of Chapter II before the ordinary courts by a procedure based on the principles of preference and yellowness and, where appropriate, through the Appeal for Amparo before the Constitutional Court. This last resort shall apply to the conscientious objection recognised in Article 30.
3. The recognition, respect and protection of the principles recognized in Chapter III shall inform positive legislation, judicial practice and the action of public authorities. They may only be claimed before the Ordinary Jurisdiction in accordance with the provisions of the laws that develop them.
ARTICLE 54
The Assemblies as a whole are the People and their defense. Each citizen is an Ombudsman of his people, community, his Province and the Nation, and has a duty to be custodian of the integrity, well-being and transcendence of every other citizen, whether or not he or she is his family, to share thematic opinion or religious belief. This Constitution therefore guarantees the right of the People to its own defense, to maintain the Assembly, Republican and Ecologenic system in both law and duty.
Chapter V
SUSPENSION OF RIGHTS AND FREEDOMS
ARTICLE 55 – SUSPENSION OF RIGHTS AND FREEDOMS
1. The rights recognised in Articles 17, 18, paragraphs 2 and 3; Articles 19, 20(1)(a) and (d) and (5); Articles 21, 28(2) and Article 37(2) may be suspended where the declaration of the State of Exception or site is agreed on in the terms provided for in the Constitution. Paragraph 3 of Article 17 is exempt from the foregoing for the case of a declaration of a State of Exception, which may only be issued by the National Assembly with a minimum of two thirds of the delegates’ votes. Under no circumstances does the state of emergency render the activity of the judiciary null and void.
2. An organic law may determine the form and cases in which, individually and with the necessary judicial intervention and proper assembly control, the rights recognized in Articles 17(2) and 18(2) and (3) may be suspended for certain persons in connection with investigations relating to the actions of armed gangs or terrorist elements.
3. The unjustified or abusive use of the powers recognized in that organic law will result in criminal liability, as a violation of the rights and freedoms recognized by the laws.
TITLE II – IMPUNITY
ARTICLE 56
The Citizens’ Assembly is a symbol of the unity, active participation and permanence of the People, assumes the highest representation of the State and performs the functions expressly assigned to it by the Citizens through the Assembly system, without prejudice to the role that the Constitutional Court and the Supreme Court must fulfil over them or their members. No person or group of persons is unpunished before the Law, for more merit and titles than it possesses.
ARTICLE 57 – CORONAS, NOBILIARY AND HONORIFIC TITLES
1. They are definitely abolished wherever they were, the titles of nobility and the possibility of returning to obsolete systems of power. Only the Assemblies may grant special recognition to any citizen who excels in art, science, literature or heroic acts.
2. If the Citizenship, by Assembly Process wishes to end the President of the National Assembly with the title of King, invest it with the Crown, Purple Mantle and Scepter, may do so but that title does not make him immune either with impunity or different before the Law, nor will he possess his hereditary title as a family. It may be dismissed by the Assembly Process of motion of censure and its replacement may accept or reject said title which in any case is symbolic in nature, bearing its Crown as a representation of the Intelligence, the Mantle as a symbol of Love to Citizenship and the Scepter as a symbol of the Responsibility that power imposes on its bearer.
TITLE III – OF THE ASSEMBLIES
ARTICLE 66
1. The Assemblies represent and are themselves the People and are made up of Minor Or “Barrios” Assemblies, Provincial Assemblies and the National Assembly.
2. The Citizens’ Assemblies exercise the legislative power of the State, approve its Budgets, control the government’s action and have the other powers conferred on them by the Constitution.
3. Citizens’ Assemblies are inviolable. Any act against their normal development, or political act outside its bosom, is considered a crime against citizenship.
4. This Constitution guarantees that only the People as a whole are SOVEREIGN and determines through the assembly system what the majority really wants.
ARTICLE 67 – THE ASSEMBLY MANDATE
1. No one may be a member of the board of directors of two Assemblies simultaneously, a function that can only be fulfilled by the appointed Delegates of each Assembly. The members of the National Assembly will be elected in their Local Assembly, after among the members of the Provincial, finally on their merits and recognized work, reach a member of the National Assembly. Meetings of the members of the Committees of Directors and Delegates outside the Assembly shall have no legal effect, no political linkage, no value of their decisions.
ARTICLE 68 – THE NATIONAL ASSEMBLY
1. It is composed as well as the other Citizens’ Assemblies. This Constitution ensures that The Citizenship declares itself leader of its own destiny, through Assemblies in each population center, maintaining approximately the current jurisdictions. This Assembly will always consist of a Board of Directors of nine elected persons, who will be President, Vice-President, Secretary (of minutes), Treasurer and five Members. The President of the National Assembly may be called President of the Nation.
2. The Assemblies of First Order (Local or Municipal), shall designate a maximum of THREE Delegates for every 50,000 to 100,000 inhabitants, intended to represent in the Assembly of the Second Order (Provincial). This Provincial Assembly can – and should – be attended by a voice and vote by all the citizens of the Province who may be able to speak out. Delegates have a priority of word, but their vote is worth like that of any citizen. In turn, this Assembly will designate Five Delegates to represent in the National Assembly, which will hold its events with all citizens of the Nation wishing to observe.